Would a Safe Haven qualify as “housing” under the Fair Housing Act?
Whether a particular facility qualifies as covered housing under the Fair Housing Act depends on several factors which relate to whether the housing is occupied as a residence in that individuals living in the housing have an expectation or a right to return. In 2000, the Department published a seven-factor analysis to be used in determining whether a property qualifies as a dwelling under the Fair Housing Act, 65 Fed. Reg. 15740, 15741 (March 23, 2000). The seven-factor analysis considers the following: (1) length of stay; (2) whether the rental rate for the unit will be calculated on a daily, weekly, monthly, or yearly basis; (3) whether the terms and length of occupancy will be established through a lease or other written agreement; (4) what amenities are included inside the unit, including kitchens; (5) how the purpose of the property is marketed to the public; (6) whether the resident possesses the right to return to the property; and (7) whether the resident has anywhere else in
